In a resolute pronouncement, the Supreme Court of India has chastised the Indian Army for its “arbitrary” approach to the promotion of women officers to the rank of Colonel, calling for an immediate correction to the systemic bias that has long plagued the institution.
The bench, comprising Chief Justice DY Chandrachud, Justice JB Pardiwala, and Justice Manoj Misra, was unambiguous in its criticism during the hearing of applications filed by women army officers. These applications sought the implementation of the court’s decision in the case of Lt. Col. Nitisha v. Union of India, where it was previously recognized that the criteria for the grant of permanent commission to women officers, though facially neutral, resulted in indirect discrimination.
“The manner in which the cut-off has been applied for reckoning the CRs for women officers for empanelment as colonels is arbitrary because it is contrary to principles laid down in Nitisha and contrary to the policy framework by the Indian Army,”
the bench noted, addressing the core issue of the dispute—the assessment of Confidential Reports (CRs) for the purpose of promotions.
The grievances of the women officers centered on the non-empanelment for promotion, arguing that a significant portion of their CRs had been unjustly excluded, ostensibly to align with their male counterparts. The Defence Ministry, represented by Attorney General Venkatramani and Senior Advocate Col R Balasubramanium, argued that the selection process was not comparative to male officers but to their own women batchmates.
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However, the court found this approach flawed, stating,
“The whole approach has been contrary to the Nitisha judgement and framework of army authorities.”
The bench further emphasized the gravity of the situation by remarking,
“The attitude has been to find some way to end the just entitlements of women officers. Such an approach does disservice to the need to provide justice to women officers who have fought a long and hard battle to receive just entitlements as their male counterparts.”
In a directive that underscores the court’s commitment to rectifying the injustice, it ordered a fresh exercise of reconvening the selection board within a fortnight, with the assurance that
“Those officers who have already been promoted as colonels shall not be affected or disturbed in any manner nor will their seniority be affected.”
The court’s frustration with the Army’s defiance of its orders was palpable.
“The attitude has been to defy the orders of this court and not mete out their just entitlement. Women officers have been compelled to move this court for the realization of their rights. The manner in which the women officers have been denied empanelment as colonel based on the selection process is arbitrary,”
the bench observed.
As the proceedings drew to a close, the Attorney General’s query,
“My lords, is the observation really necessary? That one paragraph?”
was met with CJI Chandrachud’s measured response,
“I will give it some shape. I may delete it.”
This judgment is not just a legal directive but a clarion call for the Indian Army to reform its promotion policies to uphold the principles of justice and equality. The Supreme Court has made it clear that the women officers, who have served with honor and distinction, are entitled to a promotion process that recognizes their contributions equally. The ruling is a testament to the court’s unwavering resolve to ensure that gender justice is not just an ideal but a reality within the ranks of the Indian Army.